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BLIZZARD BLDG. SUPPLY, INC. v. SMITH

No. 858DC334.

335 S.E.2d 762 (1985)

BLIZZARD BUILDING SUPPLY, INC. v. Billy SMITH.

Court of Appeals of North Carolina.

October 29, 1985.

Attorney(s) appearing for the Case

Harrison & Heath by Fred W. Harrison, Kinston, for plaintiff, appellant.

Whitley & Coley, P.A. by William C. Coley III, Kinston, for defendant, appellee.

HEDRICK, Chief Judge.

The sole question presented by this appeal is whether the trial court correctly directed verdict in favor of defendant on the grounds that plaintiff's claim was barred by the three year statute of limitations in G.S. 1-52. Plaintiff alleged that defendant was equitably estopped from relying on the statute of limitations because on 12 November 1980 counsel for defendant wrote to plaintiff's counsel with the request: "Please do not institute any...

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